[34 Pa.B. 758]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
Concentrated Animal Feeding Operations (CAFO) Program Amendments--Chs. 92.5a, 91 and 92 The Clean Streams Law	April 2004 as proposed	The CAFO regulations are being revised in response to the recently enacted Federal CAFO Final Rule, which was published in the Federal Register on February 12, 2003. This rule established mandatory requirements for all CAFOs to apply for an NPDES permit and to develop and implement a nutrient management plan. The new effluent guidelines establish performance expectations for existing and new sources to ensure appropriate storage of manure, as well as expectations for proper and effective manure and wastewater management, including compliance with the Effluent Limitation Guidelines. The proposed rulemaking will enhance protection of Pa.'s waters from nutrient over-enrichment and eutrophication, and reduce pathogens in drinking water, including improving the water quality of the Chesapeake Bay. The Agricultural Advisory Board is reviewing the proposed amendments.	Cedric Karper 717-783-7577
Chapter 86--Coal Mining Amendments Surface Mine Conservation and Reclamation Act	April 2004 as final	This rulemaking adds new Section 86.6 to clarify existing statutory requirements and to ensure the regulations are no more stringent than federal requirements. This amendment provides an exemption to the regulatory requirements for coal extraction incidental to federal, state and local government-financed highway or other construction and reclamation projects. The exemption currently exists in Pennsylvania's Surface Mine Conservation and Reclamation Act. A 45-day public comment period closed on June 18, 2002. The Mining and Reclamation Advisory Board (MRAB) reviewed the draft final rulemaking.	Nevin Strock 717-787-6842
Radiological Health Amendments Radiation Protection Act	April 2004 as final	This rulemaking is largely a set of housekeeping amendments that will correct cross-references among the 16 chapters that encompass Title 25, Article V (Radiological Health). It also makes minor adjustments and clarifications to the incorporated-by-reference NRC provisions; the new fee structure as it applies to professional fees, general licenses, multiple sites and small business; and training for radiographers. In addition, healing arts screening requirements are updated and clarified in response to health concerns associated with computed tomography (CT) screening technology. A 30-day public comment period on the proposed rulemaking closed September 29, 2003. The Radiation Protection Advisory Committee (RPAC) reviewed the draft final amendments.	Ray Urciuolo 717-783-5922
Microbial and Disinfection Byproducts (M/DBP) Corrective Amendments Safe Drinking Water Act	April 2004 as final	This rulemaking amends Pennsylvania's Interim Enhanced Surface Water Treatment Rule and Disinfectants and Disinfection Byproducts Rule, which were promulgated on July 21, 2001, to reflect federal corrective amendments that became effective January 16, 2001. These amendments reconcile the differences between Chapter 109 and the federal regulations and change some provisions that are now less stringent in the federal regulations, clarify and expand other provisions, and add key provisions that EPA requires for primacy. Such provisions include turbidity reporting requirements for alternative filtration technologies, increased monitoring for small groundwater systems exceeding certain disinfection byproduct (DBP) levels, and miscellaneous considerations for determining DBP sampling locations. WRAC and TAC reviewed the draft final amendments.	Rod Nesmith 717-783-9719
Chapters 301--305--Operator Certification Regulations Water and Wastewater Systems Operators' Certification Act	April 2004 as proposed	This proposal will revise or eliminate Chapters 301, 303 and 305 (the State Board for Certification of Sewage Treatment Plant and Waterworks Operators) to implement the provisions of Act 11 of 2002, the Water and Wastewater Systems Operators' Certification Act. The Act restructures the testing and training program for operators and enhances security provisions for all water and wastewater treatment systems in PA. The proposal will outline the administrative procedures and standards for implementing the new statutory requirements. The Certification Program Advisory Committee, the State Board for Certification of Water and Wastewater Systems Operators, and the Small Water Systems TAC are reviewing the draft regulations.	Veronica Kasi 717-772-4053
Chapter 121, 129 and 145 Small NOx, Stationary Internal Combustion Engines and Cement Kilns Air Pollution Control Act	May 2004 as final	This rulemaking establishes a program to limit NOx emissions from smaller boilers, turbines and stationary internal combustion engines in the southeast portion of Pennsylvania. These controls are needed to attain and maintain the health-based one-hour ozone standard. In addition, the rulemaking will establish control requirements on a statewide basis for large stationary internal combustion engines and cement kilns. These controls are needed to meet the Commonwealth's remaining obligation to reduce ozone transport throughout the eastern United States, which is necessary for attainment and maintenance of both the 1-hour and 8-hour ozone standards. A 60-day public comment period on the proposed rulemaking closed December 26, 2002. Three public hearings were held in November 2002. As a result of the changes being proposed, the Department published an Advance Notice of Final Rulemaking (ANFR) in the Pennsylvania Bulletin on December 20, 2003. The 30-day comment period for the ANFR expired January 19, 2004. AQTAC reviewed the ANFR and will review the draft final-form regulations.	James Stoner 717-772-3921
Coal Mine Reclamation Fees and Reclamation of Bond Forfeiture Sites Surface Mine Conservation and Reclamation Act	May 2004 as proposed	The proposal will amend Section 86.17(e) by deleting the requirement that surface coal mine operators pay a $100-per-acre fee. The rulemaking also proposes to delete Section 86.283(c), which waives the reclamation fee on remining areas for those operators participating in the remining financial guarantees program. In addition, the proposal will address federal Office of Surface Mining (OSM) primacy conditions in 30 CFR 938.16 (MM)--(qq) by revising Sections 86.187, 86.189, and 86.190, relating to bond forfeiture. The MRAB reviewed a draft of the proposed rulemaking.	Mick McCommons 717-783-9888
Chapter 245--Storage Tank Amendments Storage Tank and Spill Prevention Act	June 2004 as proposed	With the exception of Subchapter D (Corrective Action Process), this proposal represents comprehensive amendments to all other aspects of the Storage Tank and Spill Prevention Program provisions of Chapter 245, which was last updated in 1997. The amendments have been identified through implementation of the program over the past five years. In addition, a general review of Chapter 245--which is necessary to obtain state program authorization for the underground storage tank program from the U. S. EPA--occurred in 2002, and this review identified other potential revisions. The Storage Tank Advisory Committee (STAC) is reviewing the draft amendments.	Ray Powers 717-772-5809
Triennial Review of Water Quality Standards Clean Streams Law	July 2004 as final	This rulemaking includes amendments to Chapter 93 to correct errors, update stream listings, and amend the dissolved oxygen (DO) criteria in some lakes. EPA regulations require the triennial review of states' water quality standards regulations. The previous triennial review was completed when EPA approved the state's regulations in August 2001. A 60-day public comment period on the proposed rulemaking closed December 17, 2003. Public hearings were held in Mars and Moosic, Pa. WRAC will review the draft final amendments.	Carol Young 717-783-2952
Laboratory Accreditation Regulations Environmental Laboratory Accreditation Act	July 2004 as proposed	Authorized by Act 90 of 2002 (The Environmental Laboratory Accreditation Act), this proposal will establish standards for laboratories and set forth requirements laboratories must meet to be accredited. The regulations will include requirements for laboratory supervisors and staff, management structure, equipment, quality assurance and quality control procedures, record-keeping procedures and analytical procedures. The Laboratory Accreditation Advisory Committee, established by the Act, is reviewing the draft regulations.	Richard Sheibley 717-705-2425
Chapters 86 & 89--Bond Adjustment and Bituminous Mine Subsidence Control and Standards Surface Mining Control and Reclamation Act	August 2004 as final	This rulemaking amends Section 86.152(a) to require DEP to request additional bonds if changes to mining or reclamation activities cause the cost of reclamation to increase. The rulemaking also amends Chapter 89 provisions dealing with subsidence control plans, subsidence control performance standards, relief from responsibility for subsidence damage, water supply replacement performance standards, and procedures for resolving both subsidence damage claims and water supply damage claims. These amendments are proposed as a result of a series of negotiation meetings with OSM in order for DEP to maintain primacy for the coal mining regulatory program. The MRAB reviewed the Chapter 86 amendments since only they pertain to surface mining.	Harold Miller 717-787-3174
Chapter 109--General Update Safe Drinking Water Act	August 2004 as proposed	This general update will revise several sections in Chapter 109. Some sections will be amended to retain or obtain primacy, including monitoring/reporting requirements for lead, copper, inorganic chemicals, volatile synthetic organic chemicals, and synthetic organic chemicals. Other sections will be clarified, such as QA/QC requirements for on-line instrumentation; monitoring/reporting requirements for disinfectants and disinfection byproducts; requirements regarding the practice of engineering, land surveying and geology; reporting requirements for failure to monitor; and comprehensive monitoring plan requirements. WRAC and TAC will review the draft amendments.	Lisa Daniels 717-772-2189
Chapter 250--Land Recycling Program Amendments Land Recycling and Environmental Remediation Standards Act	April 2005 as proposed	The proposed amendments will revise several aspects of the existing Chapter 250 regulations based upon updated scientific information. The amendments will also serve to clarify the existing regulations. Collectively, the revised regulations will provide additional direction to those undertaking the cleanup of a contaminated site and the cleanup standards they must meet. The Cleanup Standards Scientific Advisory Board (CSSAB) will review the draft amendments.	Dave Hess 717-783-9480
New Source Review Air Pollution Control Act	Contingent on outcome of pending litigation and EPA action	The Department's existing new source review (NSR) regulations will be reorganized and reformatted to make the requirements clear to the regulated community and to facilitate the creation and use of emission reduction credits (ERCs). EPA promulgated NSR regulations on December 31, 2002, and October 27, 2003. However, a number of parties, including PADEP, have filed suit against EPA challenging the promulgation of these regulations. On December 24, 2003, the U. S. Court of Appeals for the D. C. Circuit ''stayed'' the ''routine maintenance, repair and replacement'' provisions and ordered an expedited review of the case. In light of the legal challenges to the federal NSR rules, the Department plans to delay proceeding with revisions to the existing NSR regulations until the pending litigation with EPA is resolved. However, conceptual approaches will be discussed with the AQTAC prior to developing regulatory amendments or an equivalency demonstration.	Terry Black 717-787-2030
Chapter 85--Bluff Recession and Setback Amendments Bluff Recession and Setback Act	April 2004 as proposed	A proposal is being developed to update Chapter 85 based on a recently completed bluff study that resulted from a petition submitted by the Millcreek Township Board of Supervisors, Erie County, in March 2000. The petition requested the Department to clarify bluff recession hazard areas in Millcreek Township. Requirements in § 85.13 will be followed to provide municipal notification of any changes that are proposed. The proposal will also include housekeeping changes as Chapter 85 was last updated in the 1980s.	Andrew Zemba 717-772-5633
Stream Redesignations-- Brushy Meadow Creek, et al. Clean Steams Law	June 2004 as final	This stream redesignation package includes 8 streams or segments that were evaluated for redesignation as Cold Water Fishes (CWF), HQ or EV Waters. Brushy Meadow Creek in Northampton County was evaluated due to a request from DEP's Northeast Regional Office and the Pennsylvania Fish and Boat Commission (PFBC). Crum Creek in Chester and Delaware Counties and Green Lick Run in Fayette County were evaluated as a result of petitions. The Little Juniata River in Blair and Huntingdon Counties and Spring Creek in Dauphin County were evaluated due to a request from DEP's Southcentral Regional Office. Pine Creek in Crawford and Warren Counties was evaluated due to a request from the PFBC. In addition, two streams not currently listed in Chapter 93 were evaluated to determine proper use designations.	Bob Frey 717-783-2959
Chapter 401--Mine Subsidence Fund Amendments Coal and Clay Mine Subsidence Insurance Act	December 2003 as proposed	This proposal is under the purview of the Coal and Clay Mine Subsidence Insurance (MSI) Board. The proposal will amend 25 Pennsylvania Code, Chapter 401 (Mine Subsidence Fund) to clarify terms and provisions and to remove dynamic provisions of the insurance policy, such as coverage limits, premium surcharges and policy durations, that are also contained in the Insuring Agreement of the insurance policy. Removing these specific provisions from regulation facilitates the MSI Board's efforts to provide policyholders with relevant coverage while safeguarding the solvency of the Fund. The MSI Board adopted the proposed rulemaking on December 16, 2003. Publication is anticipated in March 2004 with a 30-day public comment opportunity.	Larry Ruane 717-783-9590
GENERAL SERVICES
Responsibility 4 Pa. Code, Chapter 60	Spring, 2004, as proposed	This chapter must be amended to conform with the legislative changes required by Act 57 and to provide for uniform Commonwealth agency debarment and suspension procedures.	Paul C. Coppock (717) 772-2749
Instructions to Bidders 4 Pa. Code, Chapter 61	Spring, 2004, as final	This chapter has been superseded and should be repealed because such instructions should not be set out in regulatory form. There is a need for flexibility which can be of benefit to the Department as well as bidders.	Paul C. Coppock (717) 772-2749
General Conditions of the Construction Contract 4 Pa. Code, Chapter 63	Spring, 2004, as final	This chapter has been superseded and should be repealed because contract conditions should not be set out in regulatory form. There is a need for flexibility that can be of benefit to the Department as well as bidders.	Paul C. Coppock (717) 772-2749
State Art Commission 4 Pa. Code, Chapter 65	Spring, 2004, as final	The legislation creating the State Art Commission was sunsetted.	Paul C. Coppock (717) 772-2749
Emergency Construction Repairs 4 Pa. Code, Chapter 67	Spring, 2004, as proposed	The regulation should be amended to more accurately reflect present practice and to delete contract provisions. Such provisions should not be in regulatory form and their deletion will serve the same purpose as noted for Chapter 61.	Paul C. Coppock (717) 772-2749
Contract Compliance 4 Pa. Code, Chapter 68	Spring, 2004, as proposed	Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services.	Paul C. Coppock (717) 772-2749
Commonwealth Parking Facilities 4 Pa. Code, Chapter 71	Spring, 2004, as proposed	Amendments are required because parking locations have been changed.	Paul C. Coppock (717) 772-2749
Commonwealth Automotive Fleet 4 Pa. Code, Chapter 73	Spring, 2004, as proposed	The regulation will be amended to eliminate the requirement for a Pennsylvania license to drive a state vehicle and will permit out-of-state licenses.	Paul C. Coppock (717) 772-2749
Processing Subscriptions and Sales of Pennsylvania Code and Related Publications 4 Pa. Code, Chapter 81	Spring, 2004, as proposed	These regulations should be repealed since the Department of General Services' Bureau of Management Services no longer has responsibility for the processing of subscriptions and orders for the Pennsylvania Code.	Paul C. Coppock (717) 772-2749
Metrology Calibration Fees 4 Pa. Code, Chapter 90	Spring, 2004, as proposed	New regulations required to allow Department of General Services to charge fees as authorized by Act No. 1996-155 § 4123 for metrology laboratory calibration, type evaluation and other testing services performed by the Pennsylvania Standards Laboratory.	Paul C. Coppock (717) 772-2749
Service of Process on General Services	Summer, 2004, as proposed	New regulation to require that legal process for suits against DGS be served on Chief Counsel's office.	Paul C. Coppock (717) 772-2749
HEALTH
Testing Blood and Alcohol Specimens Taken From Persons Who Die as a Result of a Vehicle Accident 28 Pa. Code §§ 29.21 and 29.22	September 2004, as proposed.	The amendments to existing regulations will update testing procedures and make the regulations consistent with the authorizing statute. Pursuant to the section 3749 of the Vehicle Code, 75 Pa.C.S. § 3749, and Reorganization Plan No. 4 of 1981 (71 P. S. § 751-31).	Kenneth E. Brody 717-783-2500
Health Facility Licensure--General & Special Hospitals & Health Planning 28 Pa. Code § 301.1 et seq. 28 Pa. Code § 401.1 et seq.	December 2004, as final-omitted.	Existing regulations in chapters on health planning (federal program and certificate of need) will be repealed as statutory authority for both chapters has terminated. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b.	James T. Steele, Jr. 717-783-2500
Health Facility Licensure--General Administrative Chapter & General and Special Hospitals 28 Pa. Code § 101.1 et seq.	April 2004, as proposed.	The amendments to existing regulations will update the licensure requirements for hospitals. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b.	James T. Steele, Jr. 717-783-2500
Communicable Diseases 28 Pa. Code § 27.1 et seq.	July 2004, as proposed.	The amendments to existing regulations will clarify the Department's authority to perform disease surveillance and investigation. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1--521.21.	Yvette M. Kostelac 717-783-2500
Public Bathing Place Lifeguard Requirements 28 Pa. Code §§ 18.1 and 18.42	April 2004, as final.	The amendments to existing regulations will provide lifeguard requirements for recreational swimming establishments, and add requirements for lifeguard certification and factors to be considered in determining adequate lifeguard coverage. Pursuant to Act 75 of 1998, amending 35 P. S. §§ 672--680 (the Public Bathing Law).	Stephanie Michel-Segnor 717-783-2500
Bacterial Monitoring of Public Bathing Beaches 28 Code §§ 18.1, 18.28, 18.30 and 18.31	April 2004, as final.	The amendments to existing regulations will extend the level of testing required for coastal beaches on the Great Lakes, pursuant to federal legislation, to all public bathing beaches in Pa. The amendments also add a requirement of public notice of beach closures pursuant to the Public Bathing Law, 35 P. S. §§ 672--680(d).	Stephanie Michel-Segnor 717-783-2500
Out-of-Hospital Do-Not-Resuscitate Orders 28 Pa. Code Chs. 1001, 1003, 1005, 1007 and 1051	February 2004, as final.	The regulations will facilitate implementation of 20 Pa.C.S. Chapter 54A (relating to the Do-Not- Resuscitate Act) by providing standards for the issuance and revocation of out-of-hospital DNR orders and compliance with those orders. Interim regulations were promulgated on 12/14/02.	Kenneth E. Brody 717-783-2500
Newborn Hearing Screening--Reporting and Early Intervention Referral	July 2004, as proposed.	The regulations will facilitate implementation of 11 P. S. § 876-6 (relating to reporting and early intervention referral) by transforming temporary guidelines for a reporting and early intervention referral system into regulatory standards.	Crystal Fox 717-783-2500
Head Injury Program	July 2004, as proposed.	The amendments to existing regulations will address client enrollment and provider issues.	Crystal Fox 717-783-2500
Drug, Device and Cosmetic Program 28 Pa. Code § 25.72	April 2004, as final.	The amendments will add drugs to the list of controlled substances and reschedule others.	Keith B. Fickel 717-783-2500
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.
INFRASTRUCTURE INVESTMENT AUTHORITY
25 Pa. Code §§ 963.12(a)(6) and (7), 963.13(b)(2), 963.15(a), and 25 Pa. Code § 965.4(9).	Summer/Fall 2004	PENNVEST recommends the following revisions: (1). Delete Sections 963.12(a)(6) and the second sentence of Section 963.13(b)(2) thereby allowing PENNVEST to provide financial assistance (loan or grant) for costs associated with the development of an approvable official sewage plan under the Sewage Facilities Act, 35 P. S. § 750.1 et seq. While PENNVEST has always construed these costs to be encompassed with in the statutory definition of ''eligible cost'' (35 P. S. § 751.3), the agency chose as a matter of policy not to fund this planning process because the Pennsylvania Department of Environmental Protection already provided grant funds for 50% of these costs. PENNVEST is revising its policy because the
		agency is concerned that, in some instances, needed projects are unable to move forward in a timely manner due to a lack of funds to conduct this necessary planning. PENNVEST, therefore, is removing the impediment to funding imposed by the above regulatory provisions. (2). Delete 25 PA Code § 963.12(a)(7) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the extraction for profit of minerals or other resources from wastewater or sludge whether the project is sponsored by a public or private actor. While PENNVEST has historically allowed these costs for public facilities provided the profits were used to reduce system user costs it has not allowed financial assistance for such processes for private facilities. PENNVEST is revising its policy because it wants to support recycling and other innovative wastewater projects and the current policy has the potential to stifle such projects. In order to further these objectives, PENNVEST is removing the impediment to funding imposed by the above regulatory provision. (3). Amend 25 Pa. Code § 963.15(a) by revising the first sentence to read in its entirety: ''The term of the loans shall normally be twenty years beginning on the date construction is completed or three years from of the date of loan closing, whichever occurs first.'' This amendment provides a level loan repayment and a defined term at loan closing (normally twenty years). Under the old policy the loan term was determined sometime in the future after construction closed out. Consequently, under the old policy a Borrower with a project that took two years to construct would have had only eighteen years to repay the loan. Under the new policy the repayment term would be twenty years plus two years of interest only payments to provide for construction. (4). Amend 25 Pa. Code § 965.4(9) to place a period after the word ''Board'' and delete the remainder of the sentence. This amendment allows those costs associated with the acquisition of land under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to be financed by PENNVEST. This change is necessary to reflect a shift in policy by the Environmental Protection Agency and the desire of PENNVEST to take advantage of the policy shift to finance such costs.	Jayne B. Blake (717)-783-6776
INSURANCE
Producer Licensing, 31 Pa. Code, Chapter 37, §§ 37.1--37.84	Spring/Summer 2004, as proposed	Act 147 of 2002 sets new standards for Producers in the Commonwealth. This chapter will be repealed and replace with new regulation consistent with the statute.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Advertising of Insurance, 31 Pa. Code, Chapter 51, §§ 51.1--51.61	Fall 2004, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Cancellations and Refusal to Renew Homeowners Insurance, 31 Pa. Code, Chapter 59, §§ 59.1--59.13	Fall 2004, as proposed.	Amended language to regulation and statute is being drafted pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429

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